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Although they are often used interchangeably in estate planning, the terms “heir” and “devisee” actually describe two different groups of people, according to their relationship with the deceased. Because comprehensive estate planning is crucial for ensuring that your wishes regarding the distribution of your property are respected after you're gone, it helps to understand the distinctions between heirs and devisees, including any additional rights or benefits that come along with these designations.

What Is an Heir?

estate planningAccording to estate planning law, an heir is anyone related to the deceased who receives property after their death. These individuals can be related by blood, marriage, or adoption, including children, parents, surviving spouses, or any other family member. While many people leave property to their family in their wills, heirs also stand to automatically inherit a family member's belongings if the deceased passed away without an estate plan. In this case, the decedent's estate will be divided according to the inheritance order described in each law, which also establishes the percentage of the estate each heir will receive.

What Is a Devisee?

Any individual, company, or charitable organization that receives property in a will is considered a devisee. For instance, a non-profit who receives a donation in a will is considered a devisee, as are friends and business associations. Unlike heirs, this group is ineligible to inherit assets unless the deceased's estate planning documents specifically assign property to them, regardless of any verbally expressed wishes or the quality of the relationship.

 

The estate planning attorneys at Davis & Associates have been practicing elder law for over 36 years, providing clients throughout southeast Alabama with high-quality legal insight and personalized service. Visit their website to learn more about their will preparation and other estate planning services, or call (334) 671-3990 to schedule a consultation with a lawyer today.

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